trained on someone that can desk. >> it was maybe edited. >> i love it. >> i love, it. cute. >> it was good. we wanted to leave you with a smile, fred. >> i like it. you all always make me smile. >> we try. >> all right, fred, it's all yours. >> thanks so much. good to see you guys. have a great day. >> you, too. "cnn newsroom" beginning now. it's the 11:00 eastern hour. and this is what we're watching. police officers storm los angeles international airport, guns drawn and passengers hit the ground. hear what triggered this scare this time. and the u.s. and iran could be getting closer to reaching a big nuclear agreement. a live report moments away. and new developments in the rape investigation involving a heisman trophy hopeful, and the fellow student. the results of dna tests coming up.

we begin with two frightening incidents at los angeles international airport. they happened almost simultaneously. one at terminal 4, the other at terminal 5. terminal 4, an apparent crank call to police causing this chaotic scene. it began when the caller reported a gunman at the airport, and this prompted this response to police. >> on the ground! everybody get down! >> police evacuated the terminal, but then, they didn't find anything suspicious, and they gave the all-clear. almost at the same time at terminal 5, an suv crashed, triggering a panicked reaction from passengers inside there. paul vercammen is live for us at l.a.x. paul, no connection to the two incidents, but nonetheless, a lot of nerves frayed.

>> reporter: absolutely, fredricka. back to normal this morning, but last night, absolute panic here at l.a.x. what happened? this driver of what was a minivan collided with some parked cars, some other cars, and hit a parking structure here. someone mistook the sounds of the collision for gunfire. and as you also pointed out, there is what police are terming, they think was a prank call to another terminal, saying there was a man with a gun inside. well, police came rushing into both terminals, guns drawn, and basically you can imagine the passengers here absolutely scared out of their minds, as this went on. let's take a listen. >> the first timesome when i was in the ladies' restroom and a security guard told us to come and hide in the babies' room, because there was lots of yelling and screaming outside. >> i was in the security line,

and they all of a sudden, the security people were shouting, get -- move, just get, get, and everybody just went running. >> reporter: this was exactly three weeks after the fatal shooting of a tsa officer here, which caused so many problems. so yesterday, last evening, 4,600 people were impacted with flight delays or landings. then you had the ripple effect, the roads in and around l.a.x. absolutely jammed. many people worried and fearing that here we go all over again. but in the end, it turned out to be nothing but a false alarm. the driver of the minivan that crashed said to be in good condition at a local hospital. fredricka? >> well, we're glad that it wasn't anything more serious than that, and everyone's all right, and travel has resumed. thanks so much, paul vermin. all of this taking place at the height of what will be holiday travel. many americans are already

starting to get a jump-start, and they're facing a whole lot of weather challenges while on the road. parts of oklahoma and texas are getting hit this weekend by freezing rain, sleet, and snow. take a look at the conditions there. the southwest, also dealing with rough weather, and just take a look at the flooding on this road, in phoenix, arizona. and all of this -- rain, snow, ice -- all of it moving east. karen is keeping a close watch on the system from the cnn weather center. all right, it's nasty and about to get nastier, just in time for thanksgiving. >> exactly. and the timing on this is going to be critical, but we'll take you across the south central u.s. now. here's amarillo, lubbock. lubbock is reporting some light freezing precipitation. so it's already started across west texas. into the panhandle, you could see two to four inches of snow. dallas, we're looking at an icing situation taking place here. this looks to be where it is going to gather some strength. so we'll watch that. we've got live pictures out of a

tower cam in dallas. take a look at this. low clouds, reduced visibility, and you know what? we're checking on the flights coming up for tomorrow. maybe cancellations, maybe delays. yeah, i think that that certainly may happen with the effects of what will be some icing, possibility of some sleet or maybe some freezing rain. into the great lakes, we've got lake-effect snows, blowing wind moving across the warmer or relatively warmer waters of the great lakes, producing that lake-effect snow. and for new york city, temperatures -- well, maybe in the 40s for today. but sunday, and into monday, only in the 30s. so area of low pressure crosses southwest, producing the flooding rainfalls around phoenix. could be one of the wettest novembers on record. and then a secondary area of low pressure is going to develop across the gulf coast, so we've got cold air moving to the south. we've got the moisture coming up from the south, or cold air coming from the north, and you know what, fred? that could spell a little bit of

icing. so just in time for travelers, but right now, in fargo, the current temperature is 1. >> ooh. that's brutal. >> that's not wind chill. it is. >> all right. i know the folks are accustomed to that, but my interpretation is, that's painful. all right, karen, thank you so much. we'll check back with you. in the meantime, let's talk about what's taking place overseas. talks on iran's nuclear program appears to be moving to a deal. secretary of state john kerry met with iran's foreign minister today. matthew chance is live in geneva. matthew, what is going on right now? >> reporter: well, it's very interesting. i certainly think these negotiations are coming to some kind of resolution at the moment. john kerry, your secretary of state, is in a meeting with all of the other foreign ministers from the world powers, with the exception of iran, to discuss what the iranian negotiating position is. they're talking about that intensely. obviously, to see whether there's any kind of way they can

bridge the narrow gaps, as they've been described to us, that still exist between the two positions. all in an attempt, of course, to try to build an agreement, an interim agreement that would ensure that iran would not build a nuclear weapon. now, what we've also heard, and it's been announced by the state department now, is on tomorrow, on november 24th, john kerry will go to london. so that means that his travel plans have been set. he'll be meeting the british foreign secretary william haig there. and they'll be discussing iran, discussing libya, discussing the middle east peace process. but it means that if there is going to be a deal, that deal is going to come, you know, within the next 12 hours or so. and so, we're sort of bracing ourselves for a marathon -- potentially marathon negotiating session of all those parties sitting down at the table over the course of this evening. >> all right. still lots of hope there in the next 12 hours. thanks so much, matthew chance. we'll check back with you in geneva. >> and later this hour, there's

a new game being played on the streets across the country. some are calling it a game, but police are calling it a crime. we'll tell you why the knockout game, the so-called knockout game, is no child's play. and next, the president's challenges are adding up. i'll tell you what that's done to his approval rating these days. [ female announcer ] we give you relief from your cold symptoms. you give them the giggles. tylenol cold® helps relieve your worst cold and flu symptoms. but for everything we do, we know you do so much more. tylenol cold®. diarrhea, gas, bloating? yes! one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. live the regular life. phillips'. where their electricity comes from. they flip the switch-- and the light comes on.

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president obama has been facing some pretty big challenges in the past few months, and it is starting to catch up with him with voters. his next challenge may be what to do about his dipping approval ratings. our paul stein hauser explains. >> reporter: hey, fred. from cancelled health care plans to the disastrous start-up of healthcare.gov, obama care is taking a toll right now on president barack obama's poll numbers.

and the president admits that these are self-inflicted wounds. >> there've been times where i thought we were -- kind of got slapped around a little bit unjustly. this one's deserved. >> reporter: mr. obama's approval rating, one of the best indicator of a president's standing with the public, and clout right here in washington, stands at 41% in our new cnn oorc poll. that's mr. obama's lowest approval rating ever in cnn polling. the president's approval rating has now reached or tied all-time lows in six national surveys released over the past three weeks. >> i think the american people are losing confidence in this administration. >> reporter: the rocky rollout is also giving new hope to republicans whose own poll numbers were down in the dumps following the partial federal government shutdown. the democrats' advantage over the gop in the 2014 generic ballot, which asked whether you'd vote for a democrat or a republican in your congressional district in the midterm elections, has disappeared in

recent quinnipiac university and fox news polls. >> there is no doubt that our failure to roll out the aca smoothly has put a burden on democrats. >> reporter: but remember, people change their minds and polls can quickly turn around, and the midterm elections are still a year away. fred? >> all right. thanks so much, paul. so what does the president need to do to get his approval ratings back up? i'm joined now by representative gregory meeks, a democratic -- a democrat, rather, from new york, and by representative marcia blackburn, a republican from tennessee. thanks so both of you for joining us. so, representative meeks, let me begin with you. you know, the president, is he doing enough to deal with the health care website? we know that the start-up was a real debacle. there's a deadline looming. is this in large part why we see his approval ratings dipping?

>> well, it's clear that as the president has indicated we've had a bad rollout. and the best thing for the president to do is to just stay focused, because we know that the marketplace is going to open up, and once it does, individuals will then see and be able to look at what the affordable care act really is. and then, the conversation will go back, also, to what the affordable care act is presenting to individuals, even now. those who no longer can be locked out because of pre-existing disease, and those young people who under 26 can stay on their parents' health care, those who can now have preventive medicine that -- preventive care that they've never had before. so, you know, it's a rocky rollout. mistakes were made. the president has acknowledged that. and the thing that you do and the last thing you indicated, polls go up, polls go down, polls go up, there's plenty of time when american people get the health care they need, realize for the first time there's access to affordable health care like never before,

then the polls will go back up. no need in panicking here. >> representative blackburn, you think it's that simple, and it's a matter of time before the american people who have been disappointed in, say, the rollout, for example, that things will look up, and it will reflect as the case for the president's approval rating? >> right. well, what we're finding out is the rollout is just the tip of the iceberg, or, you know, that's kind of the first wave of problems, if you will, fredricka. and what we now are seeing as the cost, the escalation and the sticker shock of the cost of health insurance is prevalent across the country. coast-to-coast. what we also were seeing, individuals are losing their existing health insurance. they cannot keep their plans. secondly, they're not able to keep physicians and health care networks that they have established. third, the cuts that are taking place within the medicare community. and this is individuals who have basically prepaid for this.

government's been taking that money out of their paycheck all their working lives, if you will. and it is a series of problems. and as mr. chow from cms told us this week, a hearing in our committee, you've got 30% to 40% of that website system that has not been developed. this infrastructure, the backbone of the marketplace, if you will, that will accommodate the insurance payments from individuals to the company will accommodate the insurance payments from the insurance company to the providers. and this is why so many individuals on both sides of the aisle are now saying, you have to call a time-out. you have to suspend this. because the problems grow every single day. >> this has been a week where the nation has reflected on past president with the 50th anniversary of the assassination of jfk, and the president and the first lady, michelle obama, actually sat down with barbara

walters for an interview. and one of the things that the president talked about was the legacy of john f. kennedy. let's listen to that. >> jfk, in particular, i think, captured the idealism, the ability to imagine and remake america to meet its ideals in a way that we haven't seen before or since. >> there have been a lot of historians that made comparisons between jfk and president obama, both youthful, afterable, beautiful wives, and, representative meeks, in what way do you see the legacy of president obama either shaping up or has it already shaped up, or do you still see that there is time for him to cement his legacy? >> well, i think the camera of history is going to record

president obama in a very good light. when you think about the tough times of jfk dealing with the cuban missile crises, and the beginning of the cold war, with russia, and what was taking place in the racial tensions that were in our nation at that particular time, and president kennedy was just starting to step up to the plate just a few months before, unfort -- his unfortunate assassination, talking about race relations. he stood up to the big challenges. even though they may not have been popular at the time. he took credibility hits with those that were anti-civil rights at the time. president obama has done the same thing. when you think about the financial crises that he's had to get us through as a country, and we're starting to get back on the right feet -- on the right footing. when you think about the, you know, the overall economy, you think about syria and some of the wars that he inherited, and afghanistan, iraq, and how he's guided us out of that. history will record him in a good light, and overall, when this is done, history will show

he is the president that made affordable care, good health care, good for all americans, similarly as to a place back then when we finally passed medicaid and medicare. so i think history's going to serve him well. >> representative blackburn, how do you see his legacy being cemented? >> you know, i think that what you're going to have always as a footnote or maybe an asterisk even for the obama administration is going to be weak leadership, fumbling, not able to figure out how to effectively lead, whether it is working with congress or working with our allies. there's san article in the "wall street journal" today where you have one of the saudi arabian princes talking about the lack of standing around the globe. and people want to see strong, solid focus, leadership.

and that's one of the things jfk did well. was for lower taxes. he wanted to make certain people ask, what can you as an individual do to strengthen your country? that concept, fredricka, giving back more than you take, that was an imperative and an underpinning in that administration. and i think that's a thing that people would like to see president obama bring to the table during this last part of his administration, to bring forward that strong decisive leadership. and what we have had is a series of fumbles that say there is a weakness and an indecisiveness there to strengthen the country as a whole for the good of the nation. >> all right, representative blackburn and representative meeks, when we come back, we'll find out what your thoughts are about the nuclear option in the senate exercise this week, and whether this could already make difficult relations between the parties even worse. ♪

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ask. so this is not just about republicans versus democrats. this is about doing what's right for this institution to evolve and remain responsive to the needs our country has, and we've not been doing that.

>> that was senate majority leader harry reid, moving to make the approval of nominees a simple majority in the senate, which effectively curbs the republicans' ability to filibuster. recommendi i representative marcia blackburn back with us. the republicans have been filibustering nominees for months. the president saying it's taken his nominees twice as long as to be confirmed, and not because your party opposed the candidate on credentials necessarily, but because they oppose the larger policies. the "washington post" today reporting that the white house is looking to maximize the change, perhaps getting 240 judicial and executive nominees through. so, representative blackburn, is the white house overly optimistic? >> i think the white house is overly optimistic, and i think that this is a power play that is absolutely going to backfire. on harry reid and on the president. this is to set aside 225 years

of precedent, to look at the way and the manner in which the senate has been the greatest deliberative body in the world. and now, in order for convenience and to avoid having a discussion with the american people, and their elected representatives, they declare the nuclear option. and why? because deliberation is too much work? because it takes too much time? you know, i think that this is so incredibly unfortunate -- >> well, let me get congressman meeks to respond to that. is it the case, it takes too much time, no one wants to do the work? or is there something more to it? we heard the president's words, what his point of view on this was. but how do you respond to what she said? >> look, it's obvious that the -- what the republicans were doing, as senator mcconnell had said from day one when the president was inaugurated, that he's trying to block, and he will have the senate minority

block anything and everything that the president does. it is clear, in the history of our nation, over 230-some-odd years, when a filibuster had been utilized to block over -- almost half of that has been done in five and a half year, just with president obama. which means that they're not blocking his individuals because they're not qualified or because they're not good folks. they're blocking them because they don't want the president to get his people in place, you know, votes and elections have consequen consequences. the american people elected president obama the president of the united states. by overwhelming majority. >> how do you see the road ahead? do you think that this nuclear option will now open the way that the next three years of getting business done on capitol hill, at least in the senate, as it pertains to the nominees will be different? >> well, i think they will still be -- there will be hearings, there will be questions of those who are nominated, they will be looking at the individuals' qualifications, all of those

things will still take place, except there'll be votes based upon the mert of the individual, and not based on the politics of one party. >> representative gregory meeks, representative marcia blackburn, thank you so much to both of you. have a great holiday as we enter the holiday week. >> stlutly. you, too. >> thanks so much. he's a heisman trophy hopeful with a rape allegation hovering over him. florida's jamesis winston takes the feel. smoke? no, i'm good. ♪ [ male announcer ] every time you say no to a cigarette, you celebrate a little win. nicorette mini delivers fast craving relief in just 3 minutes. double your chances of quitting with nicorette mini. morning, turtle. ♪ my friends are all around me ♪ my friends, they do surround me ♪

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is charles manson really getting married? a 25-year-old woman who manson called "star" tells "rolling stone" magazine that they are getting hitched. but the killer says the rumors are garbage.

manson has spent the last 44 years behind bars for masterminding a grisly 1969 killing spree. a prosecutor says manson will likely die in prison. 27 baltimore correctional officers are facing federal charges for allegedly helping to pedal drugs, cell phones, and sex in the city's jail. the officers took bribes, smuggled in contraband and traded sex for money. that's according to an indictment. one gang member allegedly impregnated four guards. one of whom reportedly had his name tattooed on her wrist. all right. in just a few hours, a florida state university takes on idaho, and if all eyes weren't already on fsu star quarterback jameis winston, today he'll be under a microscope as he faces allegations of raping a student. our nick valencia has more on this story and what the alleged victim's family is saying now. >> reporter: jameis winston arguably the most talked-about

college quarterback in the nation, some of it for all the wrong reasons. the 19-year-old has been linked to an allegation of sexual assault that occurred nearly a year ago. the allegation has damaged the heisman hopeful's reputation and turned the life of the alleged victim upside down. she told attorneys, quote, exams were coming up, she had to leave school and come back home because of this. winston's lawyer says his client did not sexually assault the woman, but he does acknowledge having consensual sex with her, and the lawyer confirms that winston's dna was found on her clothing. >> where it infers, huh-oh, you have dna, so he must have done something wrong, or our defense is shifting, i would tell you from day one, december of 2012, our defense has not changed whatsoever. this dna result had no effect on it. it had no effect on the testimony of eyewitnesses that were there. >> reporter: but the victim's attorney completely denies the quarterback's claims.

in a statement, she wrote, quote, to be clear, the victim did not consent. this was a rape. the case began in december 2012 when the woman reported she had been sexually assaulted. a month later, she accused winston of the alleged rape. but about two months later, police say, she changed her mind. >> in february 2013, the case was classified as open but inactive when the victim in the case broke off contact with tpd, and her attorney indicated she did not want to move forward at that time. let me iterate to you the case was never closed. >> reporter: in a statement from the family of the alleged victim, an attorney met with police. the family says, quote, the detective told her it's a big football town, because she'll be raked over the coals and her life made miserable. the detective has not returned cnn's requests for comment, but the tallahassee police deny

wrongdoing. the investigation grew more curious this week. tallahass tallahassee's police chief at the time of the alleged incident tells cnn he was never told by his detectives there was a sexual assault investigation against winston while he was chief. he told cnn, quote, i'd like to know why it didn't make it to me. jones said athletes are never given preferential treatment by police. florida state university told cnn it cannot comment on an open investigation. >> and nick valencia is joining me now from tallahassee. jameis winston is playing today, but in what way are these allegations interrupting his game play? >> reporter: well, fred, it appears to have had very little effect on his play. there's been a couple of games that the seminoles have played since this alleged incident came to light. they're still undefeated. jameis winston is here to be in very good spirits during the games, and also for intents and purposes, the front-runner for

the heisman trophy, though some sports fans say because of the controversy, it may have cost him the heisman, even if he is innocent. fred? >> nick valencia, thank you so much from tallahassee. keep us posted throughout the day. all right. and this. an nfl referee is benched this weekend after using profanity aimed at player during a game. joe carter break it is down in today's "bleacher report." >> reporter: the nfl has suspended royal ellison for one game without pay for using derogatory language toward as player in a game, and that player is trent william, an offensive tackle for washington. basically, williams, the player, said that ellison, the ref, called him a, quote, garbage expletive among other things. now, a referee cannot use any language that directly or indirectly insults a player. the job of the ref is basically to restore order and keep things calm. now, the referees' union believes this is an unfair suspension, unfair penalty, so they'll appeal on the grounds that this creates a double-standard for on-field conduct.

trending on bleacherreport.com, chicago bulls star derrick rose hurt his knee again. this time, it's his right knee, you'll see in the video. a noncontact injury. he gets hurt making a sharp cut on the court. now, rose went to the locker room after this and did not return to the game last night. and this scene is painfully familiar. he sat out all of last season because he door his ac there. in the other knee. the team says he'll have an mri today. alex rodriguez's lawyers mistake his steroid case all the way to federal court. earlier this week, a. rod walked out of the arbitration hearing in disgust. now, there's a possibility his lawyers are going to release their evidence in favor of a. rod to the public during a press conference. a. rod's lawyers reportedly vow that no matter how the arbitrator rules, they're preparing to fight this all the way to federal court. now, coming up, fredricka, in the 3:00 p.m. hour, we'll get into the latest a. rod drama

when we speak to lenny davis, the attorney for a. rod's legal and media team. >> all right. thank you so much, joe. also, later this hour, no one is laughing at the new game teens are playing on the streets. it involves sucker punching unsuspected victims, and police are calling it a possible hate crime. also, next, she started out as a waitress at hooters, and now she's a powerful ceo. we'll tell you how cat cole did it. people don't have to think about

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on the table by not choosing the right medicare d plan. no one could have left this much money here. whoo-hoo-hoo! yet many seniors who compare medicare d plans realize they can save hundreds of dollars. cvs/pharmacy wants to help you save on medicare expenses. talk to your cvs pharmacist, call, or go to cvs.com/compare to get your free, personalized plan comparison today. call, go online, or visit your local store today. all right. it was a busy week on wall street. alison kosik explains why a new record high on the dow actually has some people concerned. >> reporter: hi, fredricka. a new milestone on wall street. dow, 16,000. [ bell sounds ] the blue chips hit the mark for the first time ever during monday's trade and thursday it finally closed there.

but some worry a bubble may be forming, because economic growth is weak and unemployment is high. janet yellin is one step closer to becoming the first female head of the federal reserve. the senate banking committee voted thursday to move her nomination forward. it now goes to a full senate vote. if confirmed, yellin would replace ben bernanke in january. jpmorgan chase has agreed to landmark $13 billion settlement with the justice department. it's the government's biggest settlement with a single company. jpmorgan is accused of selling risky mortgage investments, but marketing them as safe. those investments later failed, and contributed to the 2008 financial crisis. mortgage rates took a big fall. 4.22%, down from 4.35%. things turned around this past week because of concerns about the weak economy. fredricka, that's a wrap of the week on wall street. >> all right. thanks so much, alison. if you ever doubted america could still be the land of

opportunity, this next story just might change your mind. cat cole started working as a waitress at shooters, and now runs one of the best-known food chains in the country. zane asher has the story. >> this is where the food science happens. >> reporter: cat cole knows a thing or two by rising. it wasn't long ago she was the one carrying the tray. cole started her career at age 17 waiting tables at a hooters in florida. now, she's traded buffalo wings for the board room, as president of cinnabon. >> everybody had a first job. most of us were waitresses, but mine was a little unique. it make it is more fun to talk about. >> reporter: cole runs a $1 billion franchise empire, one that employs 12,000 people. but she says that first job as a hooters server gave her a taste of what she had to do to succeed.

>> if they don't have a great experience, you swroent a good income. it's pretty simple. all i did was apply the same habits that i built as a waitress. >> reporter: cole soon went from taking orders to giving them, with management sending her to open new hooters restaurants all over the world. >> i had few people in the executive ranks that i could count on, and she was certainly on top of the list. >> reporter: she quit college to work full time. by age 26, hooters had named her a vice president. >> if you have someone willing to drop out of school because they have a passion, that's probably an indication of a fire in the belly, and an understanding of what their purpose is. >> reporter: at 30, she applied for her mba, getting a letter of recommendation from the founder of cnn, ted turner, whom she'd met at a nonprofit. >> i appreciate all of the help that i got. >> reporter: but cole didn't have much help growing up. at one point, her mother, newly divorced, could only afford to spend $10 a week on food. >> i didn't want to be defined by where i came from. i wanted to be different.

>> reporter: one challenge cole faces is with the contents of cinnabon's treats. >> am i doing it right, though? >> there you go. >> reporter: its classic role contains 880 calories. >> i think there is a market for really healthy, healthy, high-nutrient products. and that's not what we do. you know, we provide indulgent moments. sweet moments. >> reporter: and her rapid rise from hooters to the corner office is certainly one of those. zane asher, cnn, atlanta. >> all right. i know everybody's hungry now. all right. take a look at this. this, to some people, is considered a prank. but it's certainly gone too far. people suddenly sucker-punched, and it is called a knockout game. and now, four suspects have been arrested. we'll tell you what has police so worried after the break. but first, this week, the nation mourned the slaying of president john f. kennedy, but there was another victim in dallas on november 22nd, 50 years ago.

a 39-year-old dallas police officer killed by the man who shot john f. kennedy. we remember him in today's "american journey." [ bells tolling ] >> reporter: as the bells rang out in daly plaza to commemorate john kennedy, an 85-year-old great-grandmother watched and listened, and more than anyone in that office, she must have felt a double heartache. the nation had lost a president, she had lost a husband. >> a dallas policeman, just a short while ago, was shot and killed while chasing a suspect. >> reporter: marie tippette was at home that day. she remembers her husband coming home for a quick lunch before heading back to his patrol car, and she told nbc news, it was suddenly a hectic day. >> they had called and told him a description of the person they was looking for. >> reporter: that person was lee harvey oswald. j.d. drove to the oak cliff neighborhood in dallas. he pulled over at the intersection of 10th and patton

and stopped a man walking along the street. but as tippet got out of the patrol car, lee harvey oswald fired three times, shooting him a fourth time as the officer lay on the ground. j.d. tippet died instantly. >> i just couldn't believe it. it was just unreal. >> reporter: marie was in agony as they buried her husband. she had three children to raise and a pension of $232 a month from the dallas police. donations from a grateful public ultimately added up to almost $650,000. today, there's a memorial plaque at the corner of 10th and patton in honor of j.d. tippet, but it took almost half a century to make that happen. it was dedicated last year. she told "the dallas morning news" i'm proud we have it. it will be a good thing to remember what happened here. anderson cooper, cnn. i'm beth...

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arrested in new york for allegedly playing the knockout game. the game might seem like a prank, but it is real and very dangerous, and it involves sucker punching unsuspecting victims.

wpix reporter arthur chin has details. >> reporter: as sick a game as it is, police are investigating yet another case, possibly inspired by what's called knockout. a 24-year-old jewish man was the latest victim passing this deli on the way home. overheard four discussing the game, then one stepped up to him, tried to punch him. >> when you highlight an incident or type of criminal activity, some people will simply try to copy it. so, you know, it's a phenomena we've seen before. >> reporter: the victim was able to get away, police shortly arrested all four suspects, unlike other cases, showing the stunning knockout, the community gets the picture and they're worried. >> if we allow this kind of behavior to continue, we're going to have chaos. the idea to attack someone for no reason on the streets of new york city is something that's outrageous. >> reporter: the suspects, mail

latinos between 24 and 38 are being questioned by hate crimes unit. seven attacks in recent weeks focused on jewish victims, one a 78-year-old woman. >> no one should do that based on skin color and nationality. we denounce that. >> nypd asks anyone a victim of this knockout game to come forward with information. we're going to have so much more on this scary trend tomorrow in the newsroom. first, let's bring in the legal gafs, avery freedman and richard herman, criminal defense attorney and law professor. some want to qualify these attacks as hate crimes. do they qualify, richard? >> yeah, they do, fred. this is ignorant, stupid, cowardly punks. this is not a game. this is a crime spree. they have to throw the book at these people. i charge top charge attempted murder every time. this is horrific behavior. >> avery?

>> yeah, yeah, it could wind up where someone is killed. hate crimes are based on targeting. these kind of knockout crimes are based on randomness. i think it is time for legislature to add a specification to include it. i think it is standard assault and battery, that's it, until the law is changed. >> avery, richard, thanks so much. we will see you again next hour to explain how spike lee might be connected to the troubling story of george zimmerman. that and more straight ahead in the newsroom. [ male announcer ] research suggests cell health

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u.s. officials object to karzai's desire to delay implementing a security proposal extending u.s. troop presence there. a tribal council must sign off on the deal that karzai and american diplomats reached earlier this week.

here is cnn's elite lab ott. >> reporter: john kerry announced the deal that could leave thousands of u.s. troops in afghanistan for years to come. >> there's no combat role for united states forces and the bilateral security agreement is an effort to try to clarify for afghans and for united states military forces exactly what the rules are with respect to that on-going relationship. >> reporter: the draft agreement is now before an afghan council of tribal leaders. until they approve it, it is far from a done deal. to get their buy in, president karzai wants a letter of assurances from the white house, including a pledge u.s. troops won't enter afghan homes unless american soldiers' lives are at stake. past raids killed innocent afghans and fueled anger among the population, karzai says the u.s. should acknowledge these past mistakes. is that tantamount for apologies for u.s. actions in the 12 year

war? >> i don't know where that term apology started. let me be clear. president karzai didn't ask for apology, there was no discussion of an apology. >> reporter: it all boils down to semantics. u.s. officials in the past offered some form of apology for civilian deaths, including former secretary of state hillary clinton, former defense secretary robert gates, and general john allen who led u.s. forces in afghanistan. even the draft agreement expresses regret for afghan suffering and the loss of innocent lives. language one of president obama's top advisers repeated wednesday. >> we have, of course, throughout the war always indicated regret when there are instances of civilian casualties, but i think the afghan people understand the great sacrifices americans have made on behalf of their security. >> much more ahead in the cnn newsroom. it all begins now. hello again, i'm fredricka whitfield. here are the top stories we're

following in the cnn newsroom this hour. a historic nuclear agreement with iran could be within reach. key meetings are taking place now in geneva. a live report is moments away. two different scares at los angeles international airport, one prompted this response from police. >> on the ground, everybody get down! >> we'll tell you what triggered that show of force. and phone calls 30,000 feet up in the sky? it could happen soon. i hear heated reaction coming up. talks on iran's nuclear program appears to be moving closer to a deal. u.s. secretary of state john kerry met with iran's foreign minister for an hour today after arriving in switzerland early this morning. and it sounds like if there's going to be a deal, today is the day. matthew chance is live in

geneva. matthew, less than 12 hours to go to hammer something out? >> reporter: well, that's the time frame that we're working on, in the sense that the state departments have confirmed that john kerry, secretary of state, will be in london tomorrow to meet with the british foreign secretary, william hague to talk about issues of iran, of syria, of the middle east peace process, also meeting libyan prime minister in london. that's a fixed point. what we also know is p 5 plus one, john kerry, other security foreign ministers in germany are meeting to discuss the iranian negotiating position, and so you get the feeling you're in the last stages of these negotiations. whether there's going to be a deal or not we still don't know. john kerry saying the parties have never been as close as this in the past ten years, and that's how long the negotiations have been going on for to try and find a solution to the nuclear program in iran to guarantee iran won't get a

nuclear bomb, they're very close, but can they narrow the gaps in the hours ahead? we just at this point don't have the answer to that. expectations are really high. john kerry has come in from washington to attend these meetings, as have all of the other foreign ministers from china, russia, germany, france, and u.k. so expectations are high, but they're not there yet. >> and if not today, then what? >> reporter: well, that's a good question. i mean, there is a sense in which if they can't forge an agreement after three rounds of negotiations in the past six weeks, what's the point of continuing negotiations? there are lots of voices already against the fact that these negotiations with iran are taking place. the israelis one powerful voice and also voices in u.s. congress as well. on the iranian side, voices on the hard line there, should we be talking to the west about a deal. if there is no deal, those voices are inevitably going to

get louder. doesn't necessarily mean the end of the process, of course, but again, it is going to be harder if there's no deal this time. >> all right. matthew chance, keep us posted from geneva. thank you. here state side, two separate scares at los angeles international airport. again, they took place around the same time last night. one taking place at terminal 4, the other at terminal 5. at terminal 4 this is what happened. an apparent prank called to police caused this chaotic scene there, everyone evacuated. authorities say it began when the caller reported a gunman at the airport and that prompted this response from police. >> everybody on the ground, everybody get down! >> so police evacuated the terminal as you saw in earlier images, didn't find anything suspicious, then gave the all clear. earlier just by moments at terminal 5, an suv crashed, triggering a panicked reaction from passengers inside, simply

because of the sound of the impact. paul, live at lax, no connection between the two incidents. what happened. once people heard the impact of the vehicle, thinking it was something else, what happened after that? >> reporter: what happened is after this minivan crashed, that coupled with a report of a man with a gun in a nearby terminal shortly thereafter, police race in, guns drawn, clear the terminal. tell people to get down. many of the passengers panicking as they watch body language of other passengers. we talked to one woman that hid in a bathroom, then a family restroom where parents often change their babies' diapers. let's listen to her. >> i think any time we have any

incident that involves potential for gunfire or gun or anything at this airport, we treat it exactly the same way we would treat it before. response to the officers was quick, decisive. and i think what occurred was hypersensitivity to what occurred on the first that caused people to react in a way that they did. i don't want to -- i am not -- i don't have a problem with that, it just there's consequences to it, and i would rather be on the safe side than not take the appropriate actions. >> reporter: that was the police chief at lax, some passengers told us, including a woman from australia who had been here on november 1st when of course a tsa agent was shot and killed, she said they took every measure of precaution possible, hiding themselves in case there was a gunman on the loose. all these reports turned out to be false, but the impact on the

airport, dramatic. 4600 passengers impacted as either flights were delayed in taking off or landing, and then the effect on the streets around lax absolutely almost unimaginable as we saw traffic stacked up all over again on the streets. again, many people thinking perhaps what had happened three weeks ago was going on again. we had frayed nerves. in two and a half hours, police got all of this under control and everything was flowing again freely as you see behind me. it is once again moving now. i should note, fredricka, lax by many websites and accounts, the busiest domestic airport in america during thanksgiving, some 2 million passengers will pass through here. >> a very busy time. nerves very frayed. we are glad everything is somewhat back to normal. thanks so much. lax and other airports are getting more crowded by the minute because we are entering

thanksgiving holiday week and many travelers are facing a lot of weather challenges as well. parts of oklahoma and texas getting hit this weekend by freezing rain, sleet and snow. you see it right there. the southwest also dealing with nasty weather. take a look at that taking place in phoenix, arizona, where roads are kind of flooded out. all of this rain, snow, and even ice is now moving east and will likely have a very negative impact on the thanksgiving holiday travel. north korea now has confirmed to swedish diplomats that it is detaining an american citizen. the family of 85-year-old korean war veteran mer i will newman says the country has been holding him since october 26th. his wife is pleading for his release, saying he only had enough heart medicine for the ten day tour he was on. north korea has not said why they're holding newman. a historic deal could be in sight on iran's nuclear program. foreign leaders trying to hash

out final details. coming up, why this deal could change so much and what it means to the u.s. next, talk while you fly. that is a proposal that airlines are thinking about. could cell phone use on flights become a reality? could it happen soon? we will have more right after this. the american dream is of a better future, a confident retirement. those dreams, there's just no way we're going to let them die. ♪ like they helped millions of others. by listening. planning. working one on one. that's what ameriprise financial does. that's what they can do with you. that's how ameriprise puts more within reach. ♪

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airlines might be preparing for a big change soon. in flight cell phone calls. but there's mixed reaction to that news. even the fcc chairman is divided over the proposal. says he personally doesn't like it but there's no technological basis for a ban. alexandra field has details. >> reporter: a proposal to allow airline passengers to use cell phones in flight has travelers talking. >> you might want to talk the entire flight in a loud voice

about every problem you have in the family, blah blah blah. >> i don't think it is correct to be able to have to listen to everybody chattering on the phone. >> reporter: it may not be long before we all say so long to the idea of sitting back and relaxing. some international airlines already allow passengers to talk and text. now an fcc proposal could give american air carriers the ability to do the same. >> i would allow the phone call, as long as it is short and to the point. otherwise it would be bertha they don't use their cell phone. >> reporter: they were against the idea when it was floated in 2004, still are. >> airplanes fly thousands of feet, metal tube in the air. we don't want any situation to increase any volatile situation aboard the aircraft. >> reporter: if given the option, it is clear some airlines wouldn't be on board. delta says if the fcc changes its policy will delta allow voice communications on flights?

no. but it is a big opportunity for telecommunications companies, service in the sky could have customers paying through the nose. >> this is potentially a multi billion dollar industry for cell phone companies and device manufacturers, once this ban is lifted, it is not going to be like your regular phone will just work perfectly. you're going to have to sign up for extra service or you're going to have to pay serious roaming charges, probably in excess of $2 a minute for every phone call you make. >> reporter: expensive, right? that's because experts say installing new equipment on board could cost 3 to 4 million per plane. >> alexandra field joining me from new york laguardia airport. alexandra, how soon before this could potentially happen? >> reporter: fred, it won't happen before this holiday travel season. there are still a couple of steps that have to happen. the fcc will meet in december to discuss the proposal. after that, if approved, it

would be up to individual airlines to decide whether or not to allow passengers to talk or text. then antennas have to be installed. plenty of time for people to talk it over, fred. >> thanks so much. for now, let's enjoy the peace on the airline while in flight. appreciate it, alexandra field. u.s. secretary of state john kerry in geneva, trying to stop iran from building a nuclear weapon. are leaders hopeful that there may be a crucial deal? i will get some perspective from senator george mitchell on what kerry's trip really means. but first, we're preparing our own holiday tradition with cnn heroes all-star tribute, celebration of top ten heroes of the year and their work in helping others. this star studded gala airs next sunday, december 1st, 8:00 p.m. eastern. cnn entertainment correspondent nischelle turner gives us a behind the scenes peek at preparations for the big event.

>> reporter: hey there, everybody, i am nischelle turner. i am going to give you a back stage look at what it takes to put this cnn heroes award show together. you ready for this? this is going to be cool. come with me. this year we're back in new york, baby, at the american museum of natural history where the very first cnn heroes took place seven years ago. >> i can't believe it has been that long, we're thrilled to be back here, it is iconic and beautiful. >> reporter: the first stop of the night for the everyday heroes and celebrities? the red carpet. wow. look at it in here. look at all of these lights. work like this takes hundreds of people to set up, working around the clock. then the centerpiece of the evening. this year's cnn heroes will be honored here in the whale room where one of the museum's biggest treasures will be watching over us all night, talking about this lady here. but that's not all that has to be done to get ready for this

special event. 51 tables to set up, nine cameras in place, and one giant video monitor. >> you wouldn't believe what it takes to put something like this on. you know, we had two days to bring it in and set it all up. >> reporter: transforming this beautiful room from this to this, all to honor ten everyday people who are changing the world. >> it is a nice thing to honor these people, they don't get the limelight, don't get honored, don't have celebrities saying their names, praising their work. it is a nice thing for them, a nice pat on the back. >> a pat on the back from cnn and becomes a very special night of inspiration.

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you. >> thank you, fredricka. nice to be here. >> excellent. how hopeful are you about this? is this significant that john kerry is in geneva and directly involved in your view? >> it is significant. it's a very important issue and a critical moment. there are risks in every course of action in this, it is a very dangerous situation that could lead to conflict in the region and that could spread and include the united states. i think that secretary kerry is trying hard to get an agreement that will create a pause in iran's activities during which time a long term agreement could be determined and agreed to. the risk is, of course, given iran's past history in which their actions are inconsistent with statements, that is the president and supreme leader of iran have said that iran does not seek nuclear weapons, but of course the problem is the government's actions have been inconsistent with those statements. so the key is i think to have an

agreement that is verifiable, and according to published reports, i don't have access to classified information. but according to published reports, a key part of this agreement is more intrusive inspections in iran to make sure they keep these commitments. >> when you talk about risk, are you talking about risks that come with this type of dialogue or risks that come if there is no deal and iran can continue on with the nuclear program, building a nuclear weapon? >> there's a risk both ways. the risk that the critics emphasize of secretary kerry and president obama is that iran will simply use this as a way to accelerate the nuclear program and the sanctions which are the principal reason iran has come now, the effects of sanctions so severe within iran that they're taking these steps that the sanctions will dissipate and not be able to put together again. that is a risk, a valid risk, one which must be considered. on the other hand, if we don't proceed with this agreement and

we're not able to get the, quote, perfect agreement that some of the critics want and it is unlikely that we'll be able to get that, then we could see a slide into conflict, which would be devastating for the region and for the united states. so no course of action is free of risk, it is a balancing. i think the risk is that secretary kerry and the president are undertaking is worth the effort of the six months trying to see if they can work out a long term agreement. >> and it was just under two weeks ago that france and israel expressed their continued distrust of iran, saying they don't think this is really a viable plan or even potential outcome, but in your view does iran get some credit for at least having its foreign minister at the table coming closer than this country and these nations have ever come before in this kind of dialogue? >> i think the french criticism was of a specific provision of the agreement and i don't know

whether or not the french foreign minister is there today, but that concern appears to have been dealt with. so they may be part of the coalition that includes the united states, united kingdom, germany and other countries that are allies. i think the iranian foreign minister is there because the iranian people elected, hesitate to call him a moderate, the least extreme of the candidates, all of the candidates have to be approved before they can run. i think it is because of sanctions. they're having a devastating effect on iran's economy and they have to do something to alleviate that. i think what they're now being put to is the choice. do they want to pursue this nuclear program at the risk that entails their economy or do they want to deal with, fall short of that, have nuclear power, nuclear energy for power, electricity, as many countries do around the world, and have a better life for their people. >> senator george mitchell,

always appreciate your perspective. thanks so much. >> thank you, fredricka. >> have a great holiday week as well. it is a tweet that spike lee probably wishes he never sent. he is still fighting a court battle after he mistakenly tweeted the wrong address, saying it was george zimmerman. our legal guys tell us what's going on. first, 50 years after his assassination, where do jfk's approval ratings stand today? we'll show you how he stacks up against other approval ratings of presidents past in the last half century. you really love, what would you do?" ♪ [ woman ] i'd be a writer. [ man ] i'd be a baker. [ woman ] i wanna be a pie maker. [ man ] i wanna be a pilot. [ woman ] i'd be an architect. what if i told you someone could pay you and what if that person were you? ♪ when you think about it, isn't that what retirement should be, paying ourselves to do what we love? ♪

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john f. kennedy's assassination. 50 years later, how does jfk's approval rating stack up compared to other former presidents? kennedy's approval ratings actually stand at 90%.

what do americans think about his death? roughly a third say either the cia or mafia were involved in his assassination, and maybe more sinister, 21% actually think kennedy's vice president, johnson, might have had something to do with his death. joining us now, allen lichtman, presidential historian at american university, co-author of fdr and the jews. so much has been said this week about jfk, about jackie, about that fateful day, november 22nd, in dallas. but i feel like not enough has been said about that transition to lbj. what can you tell me or what are your views about that transition, that awkward moment, of course, of the swearing in with jackie wearing the blood stained suit, and how this new

now president had to also console a grieving widow, and at the same time try to maintain or continue on with the hope that was always associated with jfk. >> in the tragic flash of a moment, lyndon johnson went from holding an office that john adams, previous vice president in the early republic had said was the most useless office in the history of the world, to suddenly becoming the most powerful leader of the world. and this was an absolutely delicate transition. and johnson wasn't known for his delicacy. he was known for his crudeness and overbearing manner. yet he handled it with exquisite graciousness. he was incredibly outgoing. he wrote letters to john f kennedy's children to be read later when they can understand it, made a condolence call to kennedy's mother.

he was incredibly generous to jackie kennedy, even offering to let her stay in the white house, and he overruled his secret service and he walked at the funeral of jfk and stayed in the background, something lyndon johnson rarely did, right after the funeral jackie kennedy actually wrote him a letter thanking him for how graciously he had dealt with everything and how she was glad, you know, to see that he had made this transition in such an extraordinary way. he also had to balance, you know, the idea, he was now the president, he was now in charge. that's why he got sworn in so quickly aboard air force one. >> it happened now, not later returning to washington. what was he worried about. why did he feel it was important to do that at that moment, a very delicate moment. >> it was an incredibly delicate moment but felt he had to do it

right then because he had to show the nation and the world that someone was in charge, that there wasn't a vacuum here at the top of the leadership of the world's greatest democracy. yet at the same time he had to show that he wasn't kind of being an overbearing leader, just wiping out the legacy of john f. kennedy. that's when he made maybe the most important speech of his career, and one of the most important speeches in u.s. history, the "let us continue" speech that he was going to continue the legacy of the great john f. kennedy, and yet be a leader on his own, and that's exactly what he did in the year or so that he served out the term. you know, he cashed in on many kennedy initiatives, most notably, the landmark civil rights act of 1964. >> in a way not only did his image change but perhaps there was a hope that was restored because many have said hope died that day that jfk was

assassinated. >> hope didn't die immediately. i think lyndon johnson did a remarkable job of restoring hope. i think hope began to dilate -- die later, when he made the mistake of escalating the conflict in vietnam. but that came a little later. back then, 75% of americans had faith in their government. today only about 20%. that explains why kennedy has 90% approval ratings, because we look back at that time as a time when americans came together and did have hope and optimism. >> american university professor allen lichtman, i always love talking to you. thank you so much. appreciate it. >> thank you, fredricka. >> have a great holiday week as well. >> you, too. all right. this is what we're looking at straight ahead. on sunday, candy crowley has

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all right, film director spike lee asking a federal judge to throw out a lawsuit by a florida couple who says he put their lives in danger, because lee mistakenly tweeted the

couple's address after george zimmerman who was accused in trayvon martin's murder and told his 240,000 twitter followers that the address that he gave was zimmerman's address. spike lee did send out another tweet telling his twitter followers that he had made a mistake and asked them to levy lane and david mclane alone. but the mclane's say they still got hate mail and death threats and eventually had to move out of their home. lee's lawyers say the case should be thrown out because the director reached a $10,000 settlement with them in march. the mclanes say that's not enough to compensate for the mental anguish, anxiety and fear they're still dealing with. cautionary tale for the twitter age. now in the hands of a florida judge. so let's bring in our legal guys. joining me, avery freedman, civil rights attorney and law professor, richard herman, criminal defense attorney and law professor. good to see both of you. >> hi, fred.

>> hi, fredricka. >> all right. is this a situation where the mclane's thought $10,000, that's good, but now come to find out, you know, on second thought, maybe not, we want more? >> yeah, they can want more, but there's a saying, you get one bite of the apple. better make it a good bite. they took their bite. this judge will dismiss the case. these cases end with a release. in the release it says you are waiving your claims for anything up until this time of day. the date you sign that release, you've waived any and all claims you've had. not only claims but damages. they get nothing here, fred, but spike lee, his source material for the address came from one of his twitter followers. i mean, he is in a daze, like his movie, school daze, he is in stop tweeting stuff like this.

>> avery? >> look, the fact is i think richard may be right on this one because -- >> maybe? >> we don't know what's in the release. there may be a comprehensive waiver, in which case, case dismissed. if it is a limited waiver, the case may survive. at the end of the day, spike lee could probably do a movie about a director that screws up and gets himself in hot water because that's exactly what he did. we'll see in discovery if it was full or partial release. that will determine it. >> is it enough for the attorneys to say we want to pursue more? they're looking for a million dollars in damages, avery. >> yeah. i mean, it's stunning to me that this case would go forward, if there's a comprehensive release. if not, if you're in federal court, you have to represent to a federal judge the case is well

founded in fact and well founded in law. if they don't meet those standards, that lawyer and the couple will be responsible for the costs of pursuing that federal case. >> richard? >> fred, there will be no discovery in this case, there will be nothing in this case, it's over. the release will release spike lee from all claims. these people are trying to bring a sympathetic lawsuit. it's not going to fly. it's going to be dismissed. spike lee had attorneys. the form, the basic law form you have the client sign on a release says you waive all claims. >> seems once you cash the check, you have said we agreed to the terms, right? >> it is over. it is over! there's nothing here, case will be dismissed. >> okay. we shall see what happens next. avery, richard, case not over with you. we've got more stuff to talk about, including a situation that could be the plot of a movie, a decorated military

officer accused of terrible crimes. prosecutors say the evidence is there. but i'll tell you why the man wants his own brother to be named now a suspect. ♪ [ chicken caws ] [ male announcer ] when your favorite food starts a fight, fight back fast with tums. heartburn relief that neutralizes acid on contact and goes to work in seconds. ♪ tum, tum tum tum tums! heartburn relief that neutralizes acid on contact great. this is the last thing i need.) seriously? let's take this puppy over to midas and get you some of the good 'ol midas touch. hey you know what? i'll drive! i really didn't think this through. brakes, tires, oil, everything. (whistling)

a decorated army officer blames his identical twin after he is accused of sex crimes against girls, and a judge just ruled that aaron lucas can name his twin brother, brian, as a potential suspect. miguel marquez has details of this bizarre case. >> it is brother versus brother, identical twins. aaron lucas, decorated army officer, charged with trying to lure 11 girls between 6 and 9 years old into his vehicle and sexually assaulting three of them. all this while on active duty at fort cars on in colorado springs. >> do you have any questions,

sir? >> no, your honor. >> dna now linking him to alleged sex crimes in two other states, but aaron lucas says his identical brother brian is to blame for some or all of the crimes. dna was taken from aaron lucas when he was arrested last year, sample posted to a national database linked him to unsolved sex crimes in madison, alabama and texarkana, texas. there is, however, one possible exception. identical twins have virtually identical dna. both brothers lived in alabama and texas. brian says he's never been to colorado springs and law enforcement agencies in alabama, texas and colorado say aaron lucas remains the focus of their investigations. defense attorneys say beyond the dna evidence, one victim described the assailant as driving a black acura sedan, a car similar to that own by his twin brother, brian.

the defense says another witness identified a different man all together as her assailant. all evidence the judge says a jury can now hear. still unclear whether brian lucas will be compelled to appear in a colorado court in a case expected to start in january. miguel marquez, cnn, los angeles. >> wow, that's one fascinating case. the defense possibly involving the so-called evil twin. will it work. our legal guys are back, avery freedman and richard herman. avery, let me begin with you. you heard miguel say the dna may be identical. you have eyewitness accounts, one believes he saw a vehicle that's similar to that of brian's. what is this going to boil down to? it simply can't be based on dna evidence. but what might break this case? >> that's right. well, i mean, i guess you said

maybe we can make a movie out of this one, that's true. here you've got aaron lucas in colorado springs where the crimes took place. brian says i was in the back room in a different state. how in the world is aaron going to compel his brother to come to colorado springs as an alibi witness? it seems preposterous. just because one of the victims found that there was a black sedan, i mean, who knows what the heck that is. i don't understand this defense. i think it is creative. i don't think it is going absolutely anywhere, and this trial is starting in a little over a month. i don't know what aaron is going to do in this case. >> richard, how do you see it. brian the brother being blamed by aaron has not been charged. >> fred, can you imagine thanksgiving this year with the family? the two brothers going against each other? i don't know. >> not going to happen. >> look, the judge made a determination. >> probably not going to make it. >> i am only kidding. the judge made a determination

he can argue this to the jury and it is a pretty powerful argument if you think about it. you need to have proof beyond a reasonable doubt to the jury. if the dna from his brother matches and they bring up the victim says she saw a black car and he didn't have a black car but his brother brian did have a black car, you start to raise certain doubts in the case. now, i think law enforcement has it a little tighter than this, but eyewitness testimony can definitely be rocked, fred, and these victims are going to have to get up there, and they're young women, they're going to have to get up there and testify precisely to an identification and if there's any hesitancy there, don't be surprised if you see a hung jury. >> so i wonder if this is a situation where circumstantial evidence and based on character, eyewitness accounts describing these two gentlemen as individuals and then maybe even their relationship and the jurors will have to deduct then

who seems like the potential suspect, removing all this hard evidence because they're identical. avery, this is potentially really messy. >> well, i mean, think about this, fredricka. the defense lawyer says look it, we're going to bring brian in to show that there's a legitimate alibi, it wasn't us. it seems like a preposterous defense and i just can't understand how any jury looking at the facts here are going to think that's a reasonable alibi, just doesn't make any sense to me. i think aaron is just in a world of trouble here. >> okay. are we leaving it there, richard? >> it is not a preposterous defense, it is a very creative defense and it might just work in this case, if this jury gets hung up in the scientific explanations in the dna. you could see a couple jurors go off that direction. this is a very interesting case

to watch, fred. we have to follow-up on this one. >> i think we have to, too. it can go so many different directions. >> absolutely. >> avery, richard, good to see you gentlemen. >> happy thanksgiving. >> yes, happy thanksgiving. >> all right. thanks so much, guys. appreciate it. you can catch the legal guys here this time around every saturday in this hour. always tackling the most intriguing legal cases of the day, week, month, you name it. they're the ones. thanks so much. richard, avery. it is no secret, republican senator ted cruz is not a fan of the president or the president's health care plan. is he doing anything to fix the health care scenario? our chris cuomo asked him that very question. don't miss his answers next. the american dream is of a better future, a confident retirement. those dreams, there's just no way we're going to let them die. ♪

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there have been countless debates over the affordable care act and the rollout of the obama care wbz. this week, freshman senator ted cruz, a central figure in the effort to end obama care got into exchange with cnn's chris cuomo of how he would reform health care. here is that conversation. >> you know, three-and-a-half years ago reasonable minds perhaps could have differed on whether obama care would work. today that's not possible in my view, coming together to stop obama care is the essence of pragmatism because it is self-evident this isn't working. nobody is defending it. and the reasonable common sense thing to do is simply to start over and say this is killing jobs and over 5 million people are losing health insurance, premiums skyrocketing across the country, this isn't working, let's start over. >> how can we say it is not

working when it is not implemented. how can you say premiums are skyrocketing when they haven't put the plans into effect yet. you're being dangerous with political spin that's so central to the well-being of so many families? >> i appreciate the adjective you toss my way. john adams famously said facts are stubborn things. here are some facts. about 100,000 have signed up, gotten new insurance under obama care. about 5 million people lost their insurance because of obama care. those are facts. and those are real people that can't be spun away. when i go back to texas, i travel the state and i see people all the time who come up to me, men and women across texas and they grab me by the shoulder and they're afraid. they say ted, you know, i just lost my health insurance, i have a child with diabetes. i need my health insurance. i'm scared. please stop this from happening. those are real facts. >> what do you say to them, senator, when they say please help me, what is the fix that you offer them? i looked at the list of bills you sponsored. there's not one that offers a

solution to the current problems with health care, except to get rid of the existing law. is that enough? >> well, that's the only solution that will work. all of these bandaid fiksz the democrats are pushing won't fix the problems. every bill, they have great titles, if you like your plan, you can really, really, really keep them. but if they were passed into law, it wouldn't fix the problem for 5 million that lost their health insurance, they wouldn't get it back. >> you don't think the way to have responsibility as a u.s. senator to do better than that in terms of offering a solution what to do next? >> well, i appreciate your trying to lecture me in the morning, thank you for that. >> not at all, senator, i am worried, the same as you, anybody that looks at the situation has worries. families need health insurance. >> if you're worried, did you speak out for the 5 million that lost their health insurance? >> we have been covering it doggedly. i am sure you watch the show. the problem is i don't have the power to fix it, you do.

that's what a senator does, you sponsor law. you know this, it is not a lecture, it is a concern. i am asking what are you going to do about it. >> and i share that concern and have every day been working to highlight the millions of people that lost their job because of obama care, the millions that have been forced into part-time work, there are single moms, young people, hispanics, african-americans, people that are struggling who are now on part-time work. you can't feed your kids with 29 hours a week. there's over 5 million people that lost their health insurance and the way to fix that is to stop this broken law. it was broken at the outset and all of the bills that have been proposed by the democrats, they're designed to be political bandaids. their effort is to cover their political rear ends, not to fix the problem, and the common sense reasonable thing to say is this thing isn't working. now, in addition to that, you want a positive affirmative solution. single best thing we can do is expand competition.

let people purchase health insurance across state lines. if you want to expand access, what you want to do is increase choices and drive down costs. what obama care does is decreases choices and drives up cost. it doesn't make sense and it isn't working. i would like to see something that empowers consumers, not washington bureaucrats. >> those are strong ideas that need to be developed as plans. we haven't really heard them in a great way, that's what people are waiting for, what are the better ideas. you do also have to think how do you deal with problems of the system as it existed before, pre-existing conditions, caps on service, slow walking of claims, that the insurers had too much power. that was a big part of what the law was about, not to mention the 20 must million uninsured people. you can't forget about all of that, senator, can you? >> i am not remotely for getting about that. but the tradeoff in this plan was in order to cover roughly 15 to 20 million people who don't have insurance, which is about a third of the population that

doesn't have insurance, what obama care does is it jeopardizes the health care of 200 million americans that do have health care, and it is a trade off that obama made. the 5 million that lost their health insurance is just the first shoe to drop. hello, i am meteorologist karen mcginnis. you are watching a developing situation weather wise across the south central united states. for dallas, looks like we could see a rain snow mix. a developing storm system with a winter weather advisory expected there. the storm system is going to gradually make its way across the south central u.s. so dallas is in that warning area. rain covers the southeast, but as we go through time, then it becomes trickier to forecast. we could see development of a nor easter, or we could see some of that snow make its way towards coastal sections of the northeast and new england. either way, it